FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                         FINAL DECISION

 

Carol Renza,

 

                        Complainant

 

            against                                                       Docket #FIC 90-476

 

Southbury Board of Selectmen,

 

                        Respondent                                               October 23, 1991

 

            The above-captioned matter was heard as a contested case on April 1, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.  By letter filed with this Commission on December 10, 1990, the complainant alleged that the respondent violated the FOI Act by failing to provide copies of all bids for paving in the town.

 

            3.  It is found that by letter of November 24, 1990 to the respondent, the complainant requested a copy of the rules concerning the policy of purchasing goods/services expenditures, and the complainant also inquired whether there had been any deviation from this policy.

 

            4.  It is found that the complainant's November 24 letter of request to the respondent does not request paving bids.

 

            5.  It is also found, however, that the complainant made several records requests to town officials other than the respondent including the town clerk and the town treasurer.

 

            6.  At the hearing, testimony was received concerning the respondent's failure to promptly provide the complainant with a copy of the policy identified in paragraph 3, above.

 

            7.  It is also found, however, that the complaint in this matter fails to allege the respondent's non-compliance with the complainant's request for a copy of the policy identified above.

 

            8.  The Commission in its discretion declines to expand its

 

Docket #FIC 90-476                                                                                                 Page 2

 

inquiry beyond the scope of the complaint filed December 10, 1990.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  The complaint is hereby dismissed.

 

            2.  The Commission points out that the complainant is in no way prohibited from renewing her requests for records and re-filing complaints if her requests are not complied with.  Before so doing, however, the Commission invites the complainant to telephone Commission staff for assistance in filing a complaint and accompanying documentation in accordance with statutory requirements.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 23, 1991.

 

                                                                                                           

                                                                             Karen J. Haggett

                                                                             Clerk of the Commission

 

Docket #FIC 90-476                                                                                                 Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

Carol Renza

799 Peter Road

Southbury, CT 06488

 

Southbury Board of Selectmen

c/o Lawrence Hager, Esq.

Southbury Plaza Professional Building

Suite 201

Southbury, CT 06488

 

                                                                                                           

                                                                             Karen J. Haggett

                                                                        Clerk of the Commission